American Furniture Mart Bldg. Corp. v. Schwemer

ALSCHULER, Circuit Judge.

The appeals assail an order of the court sustaining the referee’s disallowance of appellant’s petition to establish a lien upon the assets of the bankrupt.

From the stipulated facts it appears that on December 11, 1931, appellant commenced an action in the circuit court of Milwaukee county, Wis., against the bankrupt and Gilbert R. Heyer for the recovery of a debt. In the same court, on January 5, 1932, appellant commenced a garnishment proceeding against “Gilbert R. Heyer, individually and as president and treasurer of Henry Heyer & Son, Inc., garnishee defendant,”…